From ancient times, fishing has been a major source of food for humanity
and a provider of employment and economic benefits to those engaged in this
activity. The wealth of aquatic resources was assumed to be an unlimited gift of
nature. However, with increased knowledge and the dynamic development of
fisheries after the second world war, this myth has faded in face of the realization
that aquatic resources, although renewable, are not infinite and need to be
properly managed, if their contribution to the nutritional, economic and social
well-being of the growing world's population is to be sustained.

The widespread introduction in the mid-seventies of exclusive economic
zones (EEZs) and the adoption in 1982, after long deliberations, of the United
Nations Convention on the Law of the Sea provided a new framework for the
better management of marine resources. The new legal regime of the ocean gave
coastal States rights and responsibilities for the management and use of fishery
resources within their EEZs which embrace some 90 percent of the world's
marine fisheries. Such extended national jurisdiction was a necessary but
insufficient step toward the efficient management and sustainable development
of fisheries. Many coastal States continued to face serious challenges as, lacking
experience and financial and physical resources, they sought to extract greater
benefits from the fisheries within their EEZs.

In recent years, world fisheries have become a market-driven, dynamically
developing sector of the food industry and coastal States have striven to take
advantage of their new opportunities by investing in modern fishing fleets and
processing factories in response to growing international demand for fish and
fishery products. By the late 1980s it became clear, however, that fisheries
resources could no longer sustain such rapid and often uncontrolled exploitation
and development, and that new approaches to fisheries management embracing
conservation and environmental considerations were urgently needed. The
situation was aggravated by the realization that unregulated fisheries on the high
seas, in some cases involving straddling and highly migratory fish species, which
occur within and outside EEZs, were becoming a matter of increasing concern.

The Committee on Fisheries (COFI) at its Nineteenth Session in March
1991 called for the development of new concepts which would lead to responsible,
sustained fisheries. Subsequently, the International Conference on Responsible
Fishing, held in 1992 in Cancûn (Mexico) further requested FAO to prepare an
international Code of Conduct to address these concerns. The outcome of this
Conference, particularly the Declaration of Cancûn, was an important
contribution to the 1992 United Nations Conference on Environment and
Development (UNCED), in particular its Agenda 21. Subsequently, the United
Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks
was convened, to which FAO provided important technical back-up. In
November 1993, the Agreement to Promote Compliance with International
Conservation and Management Measures by Fishing Vessels on the High Seas
was adopted at the Twenty-seventh Session of the FAO Conference (Annex 1).

Noting these and other important developments in world fisheries, the
FAO Governing Bodies recommended the formulation of a global Code of
Conduct for Responsible Fisheries which would be consistent with these
instruments and, in a non-mandatory manner, establish principles and standards
applicable to the conservation, management and development of all fisheries.
The Code, which was unanimously adopted on 31 October 1995 by the FAO
Conference, provides a necessary framework for national and international efforts
to ensure sustainable exploitation of aquatic living resources in harmony with the
environment (Annex 2).

FAO, in accordance with its mandate, is fully committed to assisting
Member States, particularly developing countries, in the efficient implementation
of the Code of Conduct for Responsible Fisheries and will report to the United
Nations community on the progress achieved and further action required.

Fisheries, including aquaculture, provide a vital source of
food, employment, recreation, trade and economic well being for people
throughout the world, both for present and future generations and
should therefore be conducted in a responsible manner. This Code sets
out principles and international standards of behaviour for
responsible practices with a view to ensuring the effective
conservation, management and development of living aquatic resources,
with due respect for the ecosystem and biodiversity. The Code
recognises the nutritional, economic, social, environmental and
cultural importance of fisheries, and the interests of all those
concerned with the fishery sector. The Code takes into account the
biological characteristics of the resources and their environment and
the interests of consumers and other users. States and all those
involved in fisheries are encouraged to apply the Code and give effect
to it.

1.1 This Code is voluntary. However, certain parts of it are based
on relevant rules of international law, including those reflected in
the United Nations Convention on the Law of the Sea of 10 December
19821. The Code also contains provisions that may be or have already
been given binding effect by means of other obligatory legal
instruments amongst the Parties, such as the Agreement to Promote
Compliance with International Conservation and Management Measures by
Fishing Vessels on the High Seas, 1993, which, according to FAO
Conference resolution 15/93, paragraph 3, forms an integral part of
the Code.

1.2 The Code is global in scope, and is directed toward members and
non-members of FAO, fishing entities, subregional, regional and global
organizations, whether governmental or non-governmental, and all
persons concerned with the conservation of fishery resources and
management and development of fisheries, such as fishers, those
engaged in processing and marketing of fish and fishery products and
other users of the aquatic environment in relation to fisheries.

1.3 The Code provides principles and standards applicable to the
conservation, management and development of all fisheries. It also
covers the capture, processing and trade of fish and fishery products,
fishing operations, aquaculture, fisheries research and the
integration of fisheries into coastal area management.

1.4 In this Code, the reference to States includes the European
Community in matters within its competence, and the term fisheries
applies equally to capture fisheries and aquaculture.

establish principles, in accordance with the relevant
rules of international law, for responsible fishing and
fisheries activities, taking into account all their
relevant biological, technological, economic, social,
environmental and commercial aspects;

establish principles and criteria for the elaboration
and implementation of national policies for responsible
conservation of fisheries resources and fisheries
management and development;

serve as an instrument of reference to help States to
establish or to improve the legal and institutional
framework required for the exercise of responsible
fisheries and in the formulation and implementation of
appropriate measures;

provide guidance which may be used where appropriate in
the formulation and implementation of international
agreements and other legal instruments, both binding and
voluntary;

facilitate and promote technical, financial and other
cooperation in conservation of fisheries resources and
fisheries management and development;

promote the contribution of fisheries to food security
and food quality, giving priority to the nutritional
needs of local communities;

promote protection of living aquatic resources and their
environments and coastal areas;

promote the trade of fish and fishery products in
conformity with relevant international rules and avoid
the use of measures that constitute hidden barriers to
such trade;

promote research on fisheries as well as on associated
ecosystems and relevant environmental factors; and

provide standards of conduct for all persons involved in
the fisheries sector.

3.1 The Code is to be interpreted and applied in conformity with
the relevant rules of international law, as reflected in the United
Nations Convention on the Law of the Sea, 1982. Nothing in this Code
prejudices the rights, jurisdiction and duties of States under
international law as reflected in the Convention.

3.2 The Code is also to be interpreted and applied:

in a manner consistent with the relevant provisions of
the Agreement for the Implementation of the Provisions
of the United Nations Convention on the Law of the Sea
of 10 December 1982 Relating to the Conservation and
Management of Straddling Fish Stocks and Highly
Migratory Fish Stocks;

in accordance with other applicable rules of
international law, including the respective obligations
of States pursuant to international agreements to which
they are party; and

in the light of the 1992 Declaration of Cancun, the 1992
Rio Declaration on Environment and Development, and
Agenda 21 adopted by the United Nations Conference on
Environment and Development (UNCED), in particular
Chapter 17 of Agenda 21, and other relevant declarations
and international instruments.

4.1 All members and non-members of FAO, fishing entities and
relevant subregional, regional and global organizations, whether
governmental or non-governmental, and all persons concerned with the
conservation, management and utilization of fisheries resources and
trade in fish and fishery products should collaborate in the
fulfilment and implementation of the objectives and principles
contained in this Code.

4.2 FAO, in accordance with its role within the United Nations
system, will monitor the application and implementation of the Code
and its effects on fisheries and the Secretariat will report
accordingly to the Committee on Fisheries (COFI). All States, whether
members or non-members of FAO, as well as relevant international
organizations, whether governmental or non-governmental should
actively cooperate with FAO in this work.

4.3 FAO, through its competent bodies, may revise the Code, taking
into account developments in fisheries as well as reports to COFI on
the implementation of the Code.

4.4 States and international organizations, whether governmental or
non-governmental, should promote the understanding of the Code among
those involved in fisheries, including, where practicable, by the
introduction of schemes which would promote voluntary acceptance of
the Code and its effective application.

5.1 The capacity of developing countries to implement the
recommendations of this Code should be duly taken into account.

5.2 In order to achieve the objectives of this Code and to support
its effective implementation, countries, relevant international organizations, whether governmental or non-governmental, and financial institutions should
give full recognition to the special circumstances and requirements of
developing countries, including in particular the least-developed
among them, and small island developing countries. States, relevant
intergovernmental and non-governmental organizations and financial
institutions should work for the adoption of measures to address the
needs of developing countries, especially in the areas of financial
and technical assistance, technology transfer, training and scientific
cooperation and in enhancing their ability to develop their own
fisheries as well as to participate in high seas fisheries, including
access to such fisheries.

6.1 States and users of living aquatic resources should conserve
aquatic ecosystems. The right to fish carries with it the obligation
to do so in a responsible manner so as to ensure effective
conservation and management of the living aquatic resources.

6.2 Fisheries management should promote the maintenance of the
quality, diversity and availability of fishery resources in sufficient
quantities for present and future generations in the context of food
security, poverty alleviation and sustainable development. Management
measures should not only ensure the conservation of target species but
also of species belonging to the same ecosystem or associated with or
dependent upon the target species.

6.3 States should prevent overfishing and excess fishing capacity
and should implement management measures to ensure that fishing effort
is commensurate with the productive capacity of the fishery resources
and their sustainable utilization. States should take measures to
rehabilitate populations as far as possible and when appropriate.

6.4 Conservation and management decisions for fisheries should be
based on the best scientific evidence available, also taking into
account traditional knowledge of the resources and their habitat, as
well as relevant environmental, economic and social factors. States
should assign priority to undertake research and data collection in
order to improve scientific and technical knowledge of fisheries
including their interaction with the ecosystem. In recognizing the
transboundary nature of many aquatic ecosystems, States should
encourage bilateral and multilateral cooperation in research, as
appropriate.

6.5 States and subregional and regional fisheries management
organizations should apply a precautionary approach widely to
conservation, management and exploitation of living aquatic resources
in order to protect them and preserve the aquatic environment, taking
account of the best scientific evidence available. The absence of
adequate scientific information should not be used as a reason for
postponing or failing to take measures to conserve target species,
associated or dependent species and non-target species and their
environment.

6.6 Selective and environmentally safe fishing gear and practices
should be further developed and applied, to the extent practicable, in
order to maintain biodiversity and to conserve the population
structure and aquatic ecosystems and protect fish quality. Where
proper selective and environmentally safe fishing gear and practices
exist, they should be recognized and accorded a priority in
establishing conservation and management measures for fisheries.
States and users of aquatic ecosystems should minimize waste, catch of
non-target species, both fish and non-fish species, and impacts on
associated or dependent species.

6.7 The harvesting, handling, processing and distribution of fish
and fishery products should be carried out in a manner which will
maintain the nutritional value, quality and safety of the products,
reduce waste and minimize negative impacts on the environment.

6.8 All critical fisheries habitats in marine and fresh water
ecosystems, such as wetlands, mangroves, reefs, lagoons, nursery and
spawning areas, should be protected and rehabilitated as far as possible and
where necessary. Particular effort should be made to protect such
habitats from destruction, degradation, pollution and other
significant impacts resulting from human activities that threaten the
health and viability of the fishery resources.

6.9 States should ensure that their fisheries interests, including
the need for conservation of the resources, are taken into account in
the multiple uses of the coastal zone and are integrated into coastal
area management, planning and development.

6.10 Within their respective competences and in accordance with
international law, including within the framework of subregional or
regional fisheries conservation and management organizations or
arrangements, States should ensure compliance with and enforcement of
conservation and management measures and establish effective
mechanisms, as appropriate, to monitor and control the activities of
fishing vessels and fishing support vessels.

6.11 States authorizing fishing and fishing support vessels to fly
their flags should exercise effective control over those vessels so as
to ensure the proper application of this Code. They should ensure
that the activities of such vessels do not undermine the effectiveness
of conservation and management measures taken in accordance with
international law and adopted at the national, subregional, regional
or global levels. States should also ensure that vessels flying their
flags fulfil their obligations concerning the collection and provision
of data relating to their fishing activities.

6.12 States should, within their respective competences and in
accordance with international law, cooperate at subregional, regional
and global levels through fisheries management organizations, other
international agreements or other arrangements to promote conservation
and management, ensure responsible fishing and ensure effective
conservation and protection of living aquatic resources throughout
their range of distribution, taking into account the need for
compatible measures in areas within and beyond national jurisdiction.

6.13 States should, to the extent permitted by national laws and
regulations, ensure that decision making processes are transparent and
achieve timely solutions to urgent matters. States, in accordance
with appropriate procedures, should facilitate consultation and the
effective participation of industry, fishworkers, environmental and
other interested organizations in decision making with respect to the
development of laws and policies related to fisheries management,
development, international lending and aid.

6.14 International trade in fish and fishery products should be
conducted in accordance with the principles, rights and obligations
established in the World Trade Organization (WTO) Agreement and other
relevant international agreements. States should ensure that their
policies, programmes and practices related to trade in fish and
fishery products do not result in obstacles to this trade,
environmental degradation or negative social, including nutritional,
impacts.

6.15 States should cooperate in order to prevent disputes. All
disputes relating to fishing activities and practices should be
resolved in a timely, peaceful and cooperative manner, in accordance
with applicable international agreements or as may otherwise be agreed
between the parties. Pending settlement of a dispute, the States
concerned should make every effort to enter into provisional
arrangements of a practical nature which should be without prejudice
to the final outcome of any dispute settlement procedure.

6.16 States, recognising the paramount importance to fishers and
fishfarmers of understanding the conservation and management of the
fishery resources on which they depend, should promote awareness of
responsible fisheries through education and training. They should
ensure that fishers and fishfarmers are involved in the policy
formulation and implementation process, also with a view to
facilitating the implementation of the Code.

6.17 States should ensure that fishing facilities and equipment as
well as all fisheries activities allow for safe, healthy and fair
working and living conditions and meet internationally agreed
standards adopted by relevant international organizations.

6.18 Recognizing the important contributions of artisanal and small-
scale fisheries to employment, income and food security, States should
appropriately protect the rights of fishers and fishworkers,
particularly those engaged in subsistence, small-scale and artisanal
fisheries, to a secure and just livelihood, as well as preferential
access, where appropriate, to traditional fishing grounds and
resources in the waters under their national jurisdiction.

6.19 States should consider aquaculture, including culture-based
fisheries, as a means to promote diversification of income and diet.
In so doing, States should ensure that resources are used responsibly
and adverse impacts on the environment and on local communities are
minimized.

7.1.1 States and all those engaged in fisheries management should,
through an appropriate policy, legal and institutional framework,
adopt measures for the long-term conservation and sustainable use of
fisheries resources. Conservation and management measures, whether at
local, national, subregional or regional levels, should be based on
the best scientific evidence available and be designed to ensure the
long-term sustainability of fishery resources at levels which promote
the objective of their optimum utilization and maintain their
availability for present and future generations; short term
considerations should not compromise these objectives.

7.1.2 Within areas under national jurisdiction, States should seek to
identify relevant domestic parties having a legitimate interest in the
use and management of fisheries resources and establish arrangements
for consulting them to gain their collaboration in achieving
responsible fisheries.

7.1.3 For transboundary fish stocks, straddling fish stocks, highly
migratory fish stocks and high seas fish stocks, where these are
exploited by two or more States, the States concerned, including the
relevant coastal States in the case of straddling and highly migratory
stocks, should cooperate to ensure effective conservation and
management of the resources. This should be achieved, where
appropriate, through the establishment of a bilateral, subregional or
regional fisheries organization or arrangement.

7.1.4 A subregional or regional fisheries management organization or
arrangement should include representatives of States in whose
jurisdictions the resources occur, as well as representatives from
States which have a real interest in the fisheries on the resources
outside national jurisdictions. Where a subregional or regional
fisheries management organization or arrangement exists and has the
competence to establish conservation and management measures, those
States should cooperate by becoming a member of such organization or a
participant in such arrangement, and actively participate in its work.

7.1.5 A State which is not a member of a subregional or regional
fisheries management organization or is not a participant in a
subregional or regional fisheries management arrangement should
nevertheless cooperate, in accordance with relevant international
agreements and international law, in the conservation and management
of the relevant fisheries resources by giving effect to any
conservation and management measures adopted by such organization or
arrangement.

7.1.6 Representatives from relevant organizations, both governmental
and non-governmental, concerned with fisheries should be afforded the
opportunity to take part in meetings of subregional and regional
fisheries management organizations and arrangements as observers or
otherwise, as appropriate, in accordance with the procedures of the
organization or arrangement concerned. Such representatives should be
given timely access to the records and reports of such meetings,
subject to the procedural rules on access to them.

7.1.7 States should establish, within their respective competences
and capacities, effective mechanisms for fisheries monitoring,
surveillance, control and enforcement to ensure compliance with their
conservation and management measures, as well as those adopted by
subregional or regional organizations or arrangements.

7.1.8 States should take measures to prevent or eliminate excess
fishing capacity and should ensure that levels of fishing effort are
commensurate with the sustainable use of fishery resources as a means
of ensuring the effectiveness of conservation and management measures.

7.1.9 States and subregional or regional fisheries management
organizations and arrangements should ensure transparency in the
mechanisms for fisheries management and in the related decision-making
process.

7.1.10 States and subregional or regional fisheries management
organizations and arrangements should give due publicity to
conservation and management measures and ensure that laws, regulations
and other legal rules governing their implementation are effectively
disseminated. The bases and purposes of such measures should be
explained to users of the resource in order to facilitate their
application and thus gain increased support in the implementation of
such measures.

7.2.1 Recognizing that long-term sustainable use of fisheries
resources is the overriding objective of conservation and management,
States and subregional or regional fisheries management organizations
and arrangements should, inter alia, adopt appropriate measures, based
on the best scientific evidence available, which are designed to
maintain or restore stocks at levels capable of producing maximum
sustainable yield, as qualified by relevant environmental and economic
factors, including the special requirements of developing countries.

7.2.2 Such measures should provide inter alia that:

excess fishing capacity is avoided and exploitation of
the stocks remains economically viable;

the interests of fishers, including those engaged in
subsistence, small-scale and artisanal fisheries, are
taken into account;

biodiversity of aquatic habitats and ecosystems is
conserved and endangered species are protected;

depleted stocks are allowed to recover or, where
appropriate, are actively restored;

adverse environmental impacts on the resources from
human activities are assessed and, where appropriate,
corrected; and

pollution, waste, discards, catch by lost or abandoned
gear, catch of non-target species, both fish and non-
fish species, and impacts on associated or dependent
species are minimized, through measures including, to
the extent practicable, the development and use of
selective, environmentally safe and cost-effective
fishing gear and techniques.

7.2.3 States should assess the impacts of environmental factors on
target stocks and species belonging to the same ecosystem or
associated with or dependent upon the target stocks, and assess the
relationship among the populations in the ecosystem.

7.3.1 To be effective, fisheries management should be concerned with
the whole stock unit over its entire area of distribution and take
into account previously agreed management measures established and
applied in the same region, all removals and the biological unity and
other biological characteristics of the stock. The best scientific
evidence available should be used to determine, inter alia, the area
of distribution of the resource and the area through which it migrates
during its life cycle.

7.3.2 In order to conserve and manage transboundary fish stocks,
straddling fish stocks, highly migratory fish stocks and high seas
fish stocks throughout their range, conservation and management
measures established for such stocks in accordance with the respective
competences of relevant States or, where appropriate, through
subregional and regional fisheries management organizations and
arrangements, should be compatible. Compatibility should be achieved
in a manner consistent with the rights, competences and interests of
the States concerned.

7.3.3 Long-term management objectives should be translated into
management actions, formulated as a fishery management plan or other
management framework.

7.3.4 States and, where appropriate, subregional or regional
fisheries management organizations and arrangements should foster and
promote international cooperation and coordination in all matters
related to fisheries, including information gathering and exchange,
fisheries research, management and development.

7.3.5 States seeking to take any action through a non-fishery
organization which may affect the conservation and management measures
taken by a competent subregional or regional fisheries management
organization or arrangement should consult with the latter, in advance
to the extent practicable, and take its views into account.

7.4.1 When considering the adoption of conservation and management
measures, the best scientific evidence available should be taken into
account in order to evaluate the current state of the fishery
resources and the possible impact of the proposed measures on the
resources.

7.4.2 Research in support of fishery conservation and management
should be promoted, including research on the resources and on the
effects of climatic, environmental and socio-economic factors. The
results of such research should be disseminated to interested parties.

7.4.3 Studies should be promoted which provide an understanding of
the costs, benefits and effects of alternative management options
designed to rationalize fishing, in particular, options relating to
excess fishing capacity and excessive levels of fishing effort.

7.4.4 States should ensure that timely, complete and reliable
statistics on catch and fishing effort are collected and maintained in
accordance with applicable international standards and practices and
in sufficient detail to allow sound statistical analysis. Such data
should be updated regularly and verified through an appropriate
system. States should compile and disseminate such data in a manner
consistent with any applicable confidentiality requirements.

7.4.5 In order to ensure sustainable management of fisheries and to
enable social and economic objectives to be achieved, sufficient
knowledge of social, economic and institutional factors should be
developed through data gathering, analysis and research.

7.4.6 States should compile fishery-related and other supporting
scientific data relating to fish stocks covered by subregional or
regional fisheries management organizations or arrangements in an
internationally agreed format and provide them in a timely manner to
the organization or arrangement. In cases of stocks which occur in the
jurisdiction of more than one State and for which there is no such
organization or arrangement, the States concerned should agree on a
mechanism for cooperation to compile and exchange such data.

7.4.7 Subregional or regional fisheries management organizations or
arrangements should compile data and make them available, in a manner
consistent with any applicable confidentiality requirements, in a
timely manner and in an agreed format to all members of these
organizations and other interested parties in accordance with agreed
procedures.

7.5.1 States should apply the precautionary approach widely to
conservation, management and exploitation of living aquatic resources
in order to protect them and preserve the aquatic environment. The
absence of adequate scientific information should not be used as a
reason for postponing or failing to take conservation and management
measures.

7.5.2 In implementing the precautionary approach, States should take
into account, inter alia, uncertainties relating to the size and
productivity of the stocks, reference points, stock condition in
relation to such reference points, levels and distribution of fishing
mortality and the impact of fishing activities, including discards, on
non-target and associated or dependent species, as well as
environmental and socio-economic conditions.

7.5.3 States and subregional or regional fisheries management
organizations and arrangements should, on the basis of the best
scientific evidence available, inter alia, determine:

stock specific target reference points, and, at the same
time, the action to be taken if they are exceeded; and

stock-specific limit reference points, and, at the same
time, the action to be taken if they are exceeded; when
a limit reference point is approached, measures should
be taken to ensure that it will not be exceeded.

7.5.4 In the case of new or exploratory fisheries, States should
adopt as soon as possible cautious conservation and management
measures, including, inter alia, catch limits and effort limits. Such
measures should remain in force until there are sufficient data to
allow assessment of the impact of the fisheries on the long-term
sustainability of the stocks, whereupon conservation and management
measures based on that assessment should be implemented. The latter
measures should, if appropriate, allow for the gradual development of
the fisheries.

7.5.5 If a natural phenomenon has a significant adverse impact on the
status of living aquatic resources, States should adopt conservation
and management measures on an emergency basis to ensure that fishing
activity does not exacerbate such adverse impact. States should also
adopt such measures on an emergency basis where fishing activity
presents a serious threat to the sustainability of such resources.
Measures taken on an emergency basis should be temporary and should be
based on the best scientific evidence available.

7.6.1 States should ensure that the level of fishing permitted is
commensurate with the state of fisheries resources.

7.6.2 States should adopt measures to ensure that no vessel be
allowed to fish unless so authorized, in a manner consistent with
international law for the high seas or in conformity with national
legislation within areas of national jurisdiction.

7.6.3 Where excess fishing capacity exists, mechanisms should be
established to reduce capacity to levels commensurate with the
sustainable use of fisheries resources so as to ensure that fishers
operate under economic conditions that promote responsible fisheries.
Such mechanisms should include monitoring the capacity of fishing
fleets.

7.6.4 The performance of all existing fishing gear, methods and
practices should be examined and measures taken to ensure that fishing
gear, methods and practices which are not consistent with responsible
fishing are phased out and replaced with more acceptable alternatives.
In this process, particular attention should be given to the impact of
such measures on fishing communities, including their ability to
exploit the resource.

7.6.5 States and fisheries management organizations and arrangements
should regulate fishing in such a way as to avoid the risk of conflict
among fishers using different vessels, gear and fishing methods.

7.6.6 When deciding on the use, conservation and management of
fisheries resources, due recognition should be given, as appropriate,
in accordance with national laws and regulations, to the traditional
practices, needs and interests of indigenous people and local fishing
communities which are highly dependent on fishery resources for their
livelihood.

7.6.7 In the evaluation of alternative conservation and management
measures, their cost-effectiveness and social impact should be
considered.

7.6.8 The efficacy of conservation and management measures and their
possible interactions should be kept under continuous review. Such
measures should, as appropriate, be revised or abolished in the light
of new information.

7.6.9 States should take appropriate measures to minimize waste,
discards, catch by lost or abandoned gear, catch of non-target
species, both fish and non-fish species, and negative impacts on
associated or dependent species, in particular endangered species.
Where appropriate, such measures may include technical measures
related to fish size, mesh size or gear, discards, closed seasons and
areas and zones reserved for selected fisheries, particularly
artisanal fisheries. Such measures should be applied, where
appropriate, to protect juveniles and spawners. States and
subregional or regional fisheries management organizations and
arrangements should promote, to the extent practicable, the
development and use of selective, environmentally safe and cost
effective gear and techniques.

7.6.10 States and subregional and regional fisheries management
organizations and arrangements, in the framework of their respective
competences, should introduce measures for depleted resources and
those resources threatened with depletion that facilitate the
sustained recovery of such stocks. They should make every effort to
ensure that resources and habitats critical to the well-being of such
resources which have been adversely affected by fishing or other human
activities are restored.

7.7.1 States should ensure that an effective legal and administrative
framework at the local and national level, as appropriate, is
established for fisheries resource conservation and fisheries
management.

7.7.2 States should ensure that laws and regulations provide for
sanctions applicable in respect of violations which are adequate in
severity to be effective, including sanctions which allow for the
refusal, withdrawal or suspension of authorizations to fish in the
event of non-compliance with conservation and management measures in
force.

7.7.3 States, in conformity with their national laws, should
implement effective fisheries monitoring, control, surveillance and
law enforcement measures including, where appropriate, observer
programmes, inspection schemes and vessel monitoring systems. Such
measures should be promoted and, where appropriate, implemented by
subregional or regional fisheries management organizations and
arrangements in accordance with procedures agreed by such
organizations or arrangements.

7.7.4 States and subregional or regional fisheries management
organizations and arrangements, as appropriate, should agree on the
means by which the activities of such organizations and arrangements
will be financed, bearing in mind, inter alia, the relative benefits
derived from the fishery and the differing capacities of countries to
provide financial and other contributions. Where appropriate, and
when possible, such organizations and arrangements should aim to
recover the costs of fisheries conservation, management and research.

7.7.5 States which are members of or participants in subregional or
regional fisheries management organizations or arrangements should
implement internationally agreed measures adopted in the framework of
such organizations or arrangements and consistent with international
law to deter the activities of vessels flying the flag of non-members
or non-participants which engage in activities which undermine the
effectiveness of conservation and management measures established by
such organizations or arrangements.

7.8.1 Without prejudice to relevant international agreements, States
should encourage banks and financial institutions not to require, as a
condition of a loan or mortgage, fishing vessels or fishing support
vessels to be flagged in a jurisdiction other than that of the State
of beneficial ownership where such a requirement would have the effect
of increasing the likelihood of non-compliance with international
conservation and management measures.

8.1.1 States should ensure that only fishing operations allowed by
them are conducted within waters under their jurisdiction and that
these operations are carried out in a responsible manner.

8.1.2 States should maintain a record, updated at regular intervals,
on all authorizations to fish issued by them.

8.1.3 States should maintain, in accordance with recognized
international standards and practices, statistical data, updated at
regular intervals, on all fishing operations allowed by them.

8.1.4 States should, in accordance with international law, within the
framework of subregional or regional fisheries management
organizations or arrangements, cooperate to establish systems for
monitoring, control, surveillance and enforcement of applicable
measures with respect to fishing operations and related activities in
waters outside their national jurisdiction.

8.1.5 States should ensure that health and safety standards are
adopted for everyone employed in fishing operations. Such standards
should be not less than the minimum requirements of relevant
international agreements on conditions of work and service.

8.1.6 States should make arrangements individually, together with
other States or with the appropriate international organization to
integrate fishing operations into maritime search and rescue systems.

8.1.7 States should enhance through education and training programmes
the education and skills of fishers and, where appropriate, their
professional qualifications. Such programmes should take into account
agreed international standards and guidelines.

8.1.8 States should, as appropriate, maintain records of fishers
which should, whenever possible, contain information on their service
and qualifications, including certificates of competency, in
accordance with their national laws.

8.1.9 States should ensure that measures applicable in respect of
masters and other officers charged with an offence relating to the
operation of fishing vessels should include provisions which may
permit, inter alia, refusal, withdrawal or suspension of
authorizations to serve as masters or officers of a fishing vessel.

8.1.10 States, with the assistance of relevant international
organizations, should endeavour to ensure through education and
training that all those engaged in fishing operations be given
information on the most important provisions of this Code, as well as
provisions of relevant international conventions and applicable
environmental and other standards that are essential to ensure
responsible fishing operations.

8.2.1 Flag States should maintain records of fishing vessels entitled
to fly their flag and authorized to be used for fishing and should
indicate in such records details of the vessels, their ownership and
authorization to fish.

8.2.2 Flag States should ensure that no fishing vessels entitled to
fly their flag fish on the high seas or in waters under the
jurisdiction of other States unless such vessels have been issued with
a Certificate of Registry and have been authorized to fish by the
competent authorities. Such vessels should carry on board the
Certificate of Registry and their authorization to fish.

8.2.3 Fishing vessels authorized to fish on the high seas or in
waters under the jurisdiction of a State other than the flag State,
should be marked in accordance with uniform and internationally
recognizable vessel marking systems such as the FAO Standard
Specifications and Guidelines for Marking and Identification of
Fishing Vessels.

8.2.4 Fishing gear should be marked in accordance with national
legislation in order that the owner of the gear can be identified.
Gear marking requirements should take into account uniform and
internationally recognizable gear marking systems.

8.2.5 Flag States should ensure compliance with appropriate safety
requirements for fishing vessels and fishers in accordance with
international conventions, internationally agreed codes of practice
and voluntary guidelines. States should adopt appropriate safety
requirements for all small vessels not covered by such international
conventions, codes of practice or voluntary guidelines.

8.2.6 States not party to the Agreement to Promote Compliance with
International Conservation and Management Measures by Vessels Fishing
in the High Seas should be encouraged to accept the Agreement and to
adopt laws and regulations consistent with the provisions of the
Agreement.

8.2.7 Flag States should take enforcement measures in respect of
fishing vessels entitled to fly their flag which have been found by
them to have contravened applicable conservation and management
measures, including, where appropriate, making the contravention of
such measures an offence under national legislation. Sanctions
applicable in respect of violations should be adequate in severity to
be effective in securing compliance and to discourage violations
wherever they occur and should deprive offenders of the benefits
accruing from their illegal activities. Such sanctions may, for
serious violations, include provisions for the refusal, withdrawal or
suspension of the authorization to fish.

8.2.8 Flag States should promote access to insurance coverage by
owners and charterers of fishing vessels. Owners or charterers of
fishing vessels should carry sufficient insurance cover to protect the
crew of such vessels and their interests, to indemnify third parties
against loss or damage and to protect their own interests.

8.2.9 Flag States should ensure that crew members are entitled to
repatriation, taking account of the principles laid down in the
"Repatriation of Seafarers Convention (Revised), 1987, (No.166)".

8.2.10 In the event of an accident to a fishing vessel or persons on
board a fishing vessel, the flag State of the fishing vessel concerned
should provide details of the accident to the State of any foreign
national on board the vessel involved in the accident. Such
information should also, where practicable, be communicated to the
International Maritime Organization.

8.3.1 Port States should take, through procedures established in
their national legislation, in accordance with international law,
including applicable international agreements or arrangements, such
measures as are necessary to achieve and to assist other States in
achieving the objectives of this Code, and should make known to other
States details of regulations and measures they have established for
this purpose. When taking such measures a port State should not
discriminate in form or in fact against the vessels of any other
State.

8.3.2 Port States should provide such assistance to flag States as is
appropriate, in accordance with the national laws of the port State
and international law, when a fishing vessel is voluntarily in a port
or at an offshore terminal of the port State and the flag State of the
vessel requests the port State for assistance in respect of non-
compliance with subregional, regional or global conservation and
management measures or with internationally agreed minimum standards
for the prevention of pollution and for safety, health and conditions
of work on board fishing vessels.

8.5.1 States should require that fishing gear, methods and practices,
to the extent practicable, are sufficiently selective so as to
minimize waste, discards, catch of non-target species, both fish and
non-fish species, and impacts on associated or dependent species and
that the intent of related regulations is not circumvented by
technical devices. In this regard, fishers should cooperate in the
development of selective fishing gear and methods. States should
ensure that information on new developments and requirements is made
available to all fishers.

8.5.2 In order to improve selectivity, States should, when drawing up
their laws and regulations, take into account the range of selective
fishing gear, methods and strategies available to the industry.

8.5.3 States and relevant institutions should collaborate in
developing standard methodologies for research into fishing gear
selectivity, fishing methods and strategies.

8.5.4 International cooperation should be encouraged with respect to
research programmes for fishing gear selectivity, and fishing methods
and strategies, dissemination of the results of such research
programmes and the transfer of technology.

8.6.1 States should promote the development of appropriate standards
and guidelines which would lead to the more efficient use of energy in
harvesting and post-harvest activities within the fisheries sector.

8.6.2 States should promote the development and transfer of
technology in relation to energy optimization within the fisheries
sector and, in particular, encourage owners, charterers and managers
of fishing vessels to fit energy optimization devices to their
vessels.

8.8.1 States should adopt relevant standards and guidelines which
would include provisions for the reduction of dangerous substances in
exhaust gas emissions.

8.8.2 Owners, charterers and managers of fishing vessels should
ensure that their vessels are fitted with equipment to reduce
emissions of ozone depleting substances. The responsible crew members
of fishing vessels should be conversant with the proper running and
maintenance of machinery on board.

8.8.3 Competent authorities should make provision for the phasing out
of the use of chlorofluorocarbons (CFCs) and transitional substances
such as hydrochlorofluorocarbons (HCFCs) in the refrigeration systems
of fishing vessels and should ensure that the shipbuilding industry
and those engaged in the fishing industry are informed of and comply
with such provisions.

8.8.4 Owners or managers of fishing vessels should take appropriate
action to refit existing vessels with alternative refrigerants to CFCs
and HCFCs and alternatives to Halons in fire fighting installations.
Such alternatives should be used in specifications for all new fishing
vessels.

8.8.5 States and owners, charterers and managers of fishing vessels
as well as fishers should follow international guidelines for the
disposal of CFCs, HCFCs and Halons.

8.9.1 States should take into account, inter alia, the following in
the design and construction of harbours and landing places:

safe havens for fishing vessels and adequate servicing
facilities for vessels, vendors and buyers are provided;

adequate freshwater supplies and sanitation arrangements
should be provided;

waste disposal systems should be introduced, including
for the disposal of oil, oily water and fishing gear;

pollution from fisheries activities and external sources
should be minimized; and

arrangements should be made to combat the effects of
erosion and siltation.

8.9.2 States should establish an institutional framework for the
selection or improvement of sites for harbours for fishing vessels
which allows for consultation among the authorities responsible for
coastal area management.

8.10.1 States should ensure that the standards and guidelines for the
removal of redundant offshore structures issued by the International
Maritime Organization are followed. States should also ensure that
the competent fisheries authorities are consulted prior to decisions
being made on the abandonment of structures and other materials by the
relevant authorities.

8.11.1 States, where appropriate, should develop policies for
increasing stock populations and enhancing fishing opportunities
through the use of artificial structures, placed with due regard to
the safety of navigation, on or above the seabed or at the surface.
Research into the use of such structures, including the impacts on
living marine resources and the environment, should be promoted.

8.11.2 States should ensure that, when selecting the materials to be
used in the creation of artificial reefs as well as when selecting the
geographical location of such artificial reefs, the provisions of
relevant international conventions concerning the environment and
safety of navigation are observed.

8.11.3 States should, within the framework of coastal area management
plans, establish management systems for artificial reefs and fish
aggregation devices. Such management systems should require approval
for the construction and deployment of such reefs and devices and
should take into account the interests of fishers, including artisanal
and subsistence fishers.

8.11.4 States should ensure that the authorities responsible for
maintaining cartographic records and charts for the purpose of
navigation, as well as relevant environmental authorities, are
informed prior to the placement or removal of artificial reefs or fish
aggregation devices.

9.1.1 States should establish, maintain and develop an appropriate
legal and administrative framework which facilitates the development
of responsible aquaculture.

9.1.2 States should promote responsible development and management of
aquaculture, including an advance evaluation of the effects of
aquaculture development on genetic diversity and ecosystem integrity,
based on the best available scientific information.

9.1.3 States should produce and regularly update aquaculture
development strategies and plans, as required, to ensure that
aquaculture development is ecologically sustainable and to allow the
rational use of resources shared by aquaculture and other activities.

9.1.4 States should ensure that the livelihoods of local communities,
and their access to fishing grounds, are not negatively affected by
aquaculture developments.

9.1.5 States should establish effective procedures specific to
aquaculture to undertake appropriate environmental assessment and
monitoring with the aim of minimizing adverse ecological changes and
related economic and social consequences resulting from water
extraction, land use, discharge of effluents, use of drugs and
chemicals, and other aquaculture activities.

9.2.1 States should protect transboundary aquatic ecosystems by
supporting responsible aquaculture practices within their national
jurisdiction and by cooperation in the promotion of sustainable
aquaculture practices.

9.2.2 States should, with due respect to their neighbouring States,
and in accordance with international law, ensure responsible choice of
species, siting and management of aquaculture activities which could
affect transboundary aquatic ecosystems.

9.2.3 States should consult with their neighbouring States, as
appropriate, before introducing non-indigenous species into
transboundary aquatic ecosystems.

9.2.4 States should establish appropriate mechanisms, such as
databases and information networks to collect, share and disseminate
data related to their aquaculture activities to facilitate cooperation
on planning for aquaculture development at the national, subregional,
regional and global level.

9.2.5 States should cooperate in the development of appropriate
mechanisms, when required, to monitor the impacts of inputs used in
aquaculture.

9.3.1 States should conserve genetic diversity and maintain integrity
of aquatic communities and ecosystems by appropriate management. In
particular, efforts should be undertaken to minimize the harmful
effects of introducing non-native species or genetically altered
stocks used for aquaculture including culture-based fisheries into
waters, especially where there is a significant potential for the
spread of such non-native species or genetically altered stocks into
waters under the jurisdiction of other States as well as waters under
the jurisdiction of the State of origin. States should, whenever
possible, promote steps to minimize adverse genetic, disease and other
effects of escaped farmed fish on wild stocks.

9.3.2 States should cooperate in the elaboration, adoption and
implementation of international codes of practice and procedures for
introductions and transfers of aquatic organisms.

9.3.3 States should, in order to minimize risks of disease transfer
and other adverse effects on wild and cultured stocks, encourage
adoption of appropriate practices in the genetic improvement of
broodstocks, the introduction of non-native species, and in the
production, sale and transport of eggs, larvae or fry, broodstock or
other live materials. States should facilitate the preparation and
implementation of appropriate national codes of practice and
procedures to this effect.

9.3.4 States should promote the use of appropriate procedures for the
selection of broodstock and the production of eggs, larvae and fry.

9.3.5 States should, where appropriate, promote research and, when
feasible, the development of culture techniques for endangered species
to protect, rehabilitate and enhance their stocks, taking into account
the critical need to conserve genetic diversity of endangered species.

10.1.1 States should ensure that an appropriate policy, legal and
institutional framework is adopted to achieve the sustainable and
integrated use of the resources, taking into account the fragility of
coastal ecosystems and the finite nature of their natural resources
and the needs of coastal communities.

10.1.2 In view of the multiple uses of the coastal area, States should
ensure that representatives of the fisheries sector and fishing
communities are consulted in the decision-making processes and
involved in other activities related to coastal area management
planning and development.

10.1.3 States should develop, as appropriate, institutional and legal
frameworks in order to determine the possible uses of coastal
resources and to govern access to them taking into account the rights
of coastal fishing communities and their customary practices to the
extent compatible with sustainable development.

10.1.4 States should facilitate the adoption of fisheries practices
that avoid conflict among fisheries resources users and between them
and other users of the coastal area.

10.1.5 States should promote the establishment of procedures and
mechanisms at the appropriate administrative level to settle conflicts
which arise within the fisheries sector and between fisheries resource
users and other users of the coastal area.

10.2.1 States should promote the creation of public awareness of the
need for the protection and management of coastal resources and the
participation in the management process by those affected.

10.2.2 In order to assist decision-making on the allocation and use of
coastal resources, States should promote the assessment of their
respective value taking into account economic, social and cultural
factors.

10.2.3 In setting policies for the management of coastal areas, States
should take due account of the risks and uncertainties involved.

10.2.4 States, in accordance with their capacities, should establish
or promote the establishment of systems to monitor the coastal
environment as part of the coastal management process using physical,
chemical, biological, economic and social parameters.

10.2.5 States should promote multi-disciplinary research in support of
coastal area management, in particular on its environmental,
biological, economic, social, legal and institutional aspects.

11.1.1 States should adopt appropriate measures to ensure the right of
consumers to safe, wholesome and unadulterated fish and fishery
products.

11.1.2 States should establish and maintain effective national safety
and quality assurance systems to protect consumer health and prevent
commercial fraud.

11.1.3 States should set minimum standards for safety and quality
assurance and make sure that these standards are effectively applied
throughout the industry. They should promote the implementation of
quality standards agreed within the context of the FAO/WHO Codex
Alimentarius Commission and other relevant organizations or
arrangements.

11.1.4 States should cooperate to achieve harmonization, or mutual
recognition, or both, of national sanitary measures and certification
programmes as appropriate and explore possibilities for the
establishment of mutually recognized control and certification
agencies.

11.1.5 States should give due consideration to the economic and social
role of the post-harvest fisheries sector when formulating national
policies for the sustainable development and utilization of fishery
resources.

11.1.6 States and relevant organizations should sponsor research in
fish technology and quality assurance and support projects to improve
post-harvest handling of fish, taking into account the economic,
social, environmental and nutritional impact of such projects.

11.1.7 States, noting the existence of different production methods,
should through cooperation and by facilitating the development and
transfer of appropriate technologies, ensure that processing,
transporting and storage methods are environmentally sound.

11.1.8 States should encourage those involved in fish processing,
distribution and marketing to:

reduce post-harvest losses and waste;

improve the use of by-catch to the extent that this is
consistent with responsible fisheries management
practices; and

use the resources, especially water and energy, in
particular wood, in an environmentally sound manner.

11.1.9 States should encourage the use of fish for human consumption
and promote consumption of fish whenever appropriate.

11.1.10 States should cooperate in order to facilitate the
production of value-added products by developing countries.

11.1.11 States should ensure that international and domestic
trade in fish and fishery products accords with sound conservation and
management practices through improving the identification of the
origin of fish and fishery products traded.

11.1.12 States should ensure that environmental effects of post-
harvest activities are considered in the development of related laws,
regulations and policies without creating any market distortions.

11.2.1 The provisions of this Code should be interpreted and applied
in accordance with the principles, rights and obligations established
in the World Trade Organization (WTO) Agreement.

11.2.2 International trade in fish and fishery products should not
compromise the sustainable development of fisheries and responsible
utilization of living aquatic resources.

11.2.3 States should ensure that measures affecting international
trade in fish and fishery products are transparent, based, when
applicable, on scientific evidence, and are in accordance with
internationally agreed rules.

11.2.4 Fish trade measures adopted by States to protect human or
animal life or health, the interests of consumers or the environment,
should not be discriminatory and should be in accordance with
internationally agreed trade rules, in particular the principles,
rights and obligations established in the Agreement on the Application
of Sanitary and Phytosanitary Measures and the Agreement on Technical
Barriers to Trade of the WTO.

11.2.5 States should further liberalize trade in fish and fishery
products and eliminate barriers and distortions to trade such as
duties, quotas and non-tariff barriers in accordance with the
principles, rights and obligations of the WTO Agreement.

11.2.6 States should not directly or indirectly create unnecessary or
hidden barriers to trade which limit the consumer's freedom of choice
of supplier or that restrict market access.

11.2.7 States should not condition access to markets to access to
resources. This principle does not preclude the possibility of
fishing agreements between States which include provisions referring
to access to resources, trade and access to markets, transfer of
technology, scientific research, training and other relevant elements.

11.2.8 States should not link access to markets to the purchase of
specific technology or sale of other products.

11.2.9 States should cooperate in complying with relevant
international agreements regulating trade in endangered species.

11.2.10 States should develop international agreements for trade
in live specimens where there is a risk of environmental damage in
importing or exporting States.

11.2.11 States should cooperate to promote adherence to, and
effective implementation of relevant international standards for trade
in fish and fishery products and living aquatic resource conservation.

11.2.12 States should not undermine conservation measures for
living aquatic resources in order to gain trade or investment
benefits.

11.2.13 States should cooperate to develop internationally
acceptable rules or standards for trade in fish and fishery products
in accordance with the principles, rights, and obligations established
in the WTO Agreement.

11.2.14 States should cooperate with each other and actively
participate in relevant regional and multilateral fora, such as the
WTO, in order to ensure equitable, non-discriminatory trade in fish
and fishery products as well as wide adherence to multilaterally
agreed fishery conservation measures.

11.2.15 States, aid agencies, multilateral development banks and
other relevant international organizations should ensure that their
policies and practices related to the promotion of international fish
trade and export production do not result in environmental degradation
or adversely impact the nutritional rights and needs of people for
whom fish is critical to their health and well being and for whom
other comparable sources of food are not readily available or
affordable.

11.3.1 Laws, regulations and administrative procedures applicable to
international trade in fish and fishery products should be
transparent, as simple as possible, comprehensible and, when
appropriate, based on scientific evidence.

11.3.2 States, in accordance with their national laws, should
facilitate appropriate consultation with and participation of industry
as well as environmental and consumer groups in the development and
implementation of laws and regulations related to trade in fish and
fishery products.

11.3.3 States should simplify their laws, regulations and
administrative procedures applicable to trade in fish and fishery
products without jeopardizing their effectiveness.

11.3.4 When a State introduces changes to its legal requirements
affecting trade in fish and fishery products with other States,
sufficient information and time should be given to allow the States
and producers affected to introduce, as appropriate, the changes
needed in their processes and procedures. In this connection,
consultation with affected States on the time frame for implementation
of the changes would be desirable. Due consideration should be given
to requests from developing countries for temporary derogations from
obligations.

11.3.5 States should periodically review laws and regulations
applicable to international trade in fish and fishery products in
order to determine whether the conditions which gave rise to their
introduction continue to exist.

11.3.6 States should harmonize as far as possible the standards
applicable to international trade in fish and fishery products in
accordance with relevant internationally recognized provisions.

11.3.7 States should collect, disseminate and exchange timely,
accurate and pertinent statistical information on international trade
in fish and fishery products through relevant national institutions
and international organizations.

11.3.8 States should promptly notify interested States, WTO and other
appropriate international organizations on the development of and
changes to laws, regulations and administrative procedures applicable
to international trade in fish and fishery products.

12.1 States should recognize that responsible fisheries requires the
availability of a sound scientific basis to assist fisheries managers
and other interested parties in making decisions. Therefore, States
should ensure that appropriate research is conducted into all aspects
of fisheries including biology, ecology, technology, environmental
science, economics, social science, aquaculture and nutritional
science. States should ensure the availability of research facilities
and provide appropriate training, staffing and institution building to
conduct the research, taking into account the special needs of
developing countries.

12.2 States should establish an appropriate institutional framework
to determine the applied research which is required and its proper
use.

12.3 States should ensure that data generated by research are
analyzed, that the results of such analyses are published, respecting
confidentiality where appropriate, and distributed in a timely and
readily understood fashion,in order that the best scientific evidence
is made available as a contribution to fisheries conservation,
management and development. In the absence of adequate scientific
information, appropriate research should be initiated as soon as
possible.

12.4 States should collect reliable and accurate data which are
required to assess the status of fisheries and ecosystems, including
data on bycatch, discards and waste. Where appropriate, this data
should be provided, at an appropriate time and level of aggregation,
to relevant States and subregional, regional and global fisheries
organizations.

12.5 States should be able to monitor and assess the state of the
stocks under their jurisdiction, including the impacts of ecosystem
changes resulting from fishing pressure, pollution or habitat
alteration. They should also establish the research capacity necessary
to assess the effects of climate or environment change on fish stocks
and aquatic ecosystems.

12.6 States should support and strengthen national research
capabilities to meet acknowledged scientific standards.

12.7 States, as appropriate in cooperation with relevant
international organizations, should encourage research to ensure
optimum utilization of fishery resources and stimulate the research
required to support national policies related to fish as food.

12.8 States should conduct research into, and monitor, human food
supplies from aquatic sources and the environment from which they are
taken and ensure that there is no adverse health impact on consumers.
The results of such research should be made publicly available.

12.9 States should ensure that the economic, social, marketing and
institutional aspects of fisheries are adequately researched and that
comparable data are generated for ongoing monitoring, analysis and
policy formulation.

12.10 States should carry out studies on the selectivity of fishing
gear, the environmental impact of fishing gear on target species and
on the behaviour of target and non-target species in relation to such
fishing gear as an aid for management decisions and with a view to
minimizing non-utilized catches as well as safeguarding the
biodiversity of ecosystems and the aquatic habitat.

12.11 States should ensure that before the commercial introduction of
new types of gear, a scientific evaluation of their impact on the
fisheries and ecosystems where they will be used should be undertaken.
The effects of such gear introductions should be monitored.

12.12 States should investigate and document traditional fisheries
knowledge and technologies, in particular those applied to small-scale
fisheries, in order to assess their application to sustainable
fisheries conservation, management and development.

12.13 States should promote the use of research results as a basis
for the setting of management objectives, reference points and
performance criteria, as well as for ensuring adequate linkages
between applied research and fisheries management.

12.14 States conducting scientific research activities in waters
under the jurisdiction of another State should ensure that their
vessels comply with the laws and regulations of that State and
international law.

12.15 States should promote the adoption of uniform guidelines
governing fisheries research conducted on the high seas.

12.16 States should, where appropriate, support the establishment of
mechanisms, including, inter alia, the adoption of uniform guidelines,
to facilitate research at the subregional or regional level and should
encourage the sharing of the results of such research with other
regions.

12.17 States, either directly or with the support of relevant
international organizations, should develop collaborative technical
and research programmes to improve understanding of the biology,
environment and status of transboundary aquatic stocks.

12.18 States and relevant international organizations should promote
and enhance the research capacities of developing countries, inter
alia, in the areas of data collection and analysis, information,
science and technology, human resource development and provision of
research facilities, in order for them to participate effectively in
the conservation, management and sustainable use of living aquatic
resources.

12.19 Competent international organizations should, where
appropriate, render technical and financial support to States upon
request and when engaged in research investigations aimed at
evaluating stocks which have been previously unfished or very lightly
fished.

12.20 Relevant technical and financial international organizations
should, upon request, support States in their research efforts,
devoting special attention to developing countries, in particular the
least-developed among them and small island developing countries.

1. This annex describes the process of elaboration and negotiation of the
Code, which led to its submission for adoption to the Twenty-eighth Session of
the FAO Conference. It has been felt useful to annex this section as a reference
to the origin and the development of the Code and thus reflect the interest
generated and the spirit of compromise of all the parties involved in its
elaboration. It is hoped that this will contribute to the promotion of the
commitment necessary for its implementation.

2. At various international fora, concern had long been expressed regarding
the clear signs of over-exploitation of important fish stocks, damage to
ecosystems, economic losses, and issues affecting fish trade - all of which
threatened the long-term sustainability of fisheries and, in turn, harmed the
contribution of fisheries to food supply. In discussing the current state and
prospects of world fisheries, the Nineteenth Session of the FAO Committee on
Fisheries (COFI), held in March 1991, recommended that FAO should develop
the concept of responsible fisheries and elaborate a Code of Conduct to this end.

3. Subsequently, the Government of Mexico, in collaboration wiht FAO,
organized an International Conference on Responsible Fishing in Cancûn, in May
1992. The Declaration of Cancûn endorsed at that Conference further developed
the concept of responsible fisheries, stating that "this concept encompasses the
sustainable utilization of fisheries resources in harmony with the environment; the
use of capture and aquaculture practices which are not harmful to ecosystems,
resources or their quality; the incorporation of added value to such products
through transformation processes meeting the required sanitary standards; the
conduct of commercial practices so as to provide consumers access to good
quality products".

4. The Cancûn Declaration was brought to the attention of the UNCED Rio
Summit in June 1992, which supported the preparation of a Code of Conduct for
Responsible Fisheries. The FAO Technical Consultation on High Seas Fishing,
held in September 1992, further recommended the elaboration of a Code to
address the issues regarding high seas fisheries.

5. The One Hundred and Second Session of the FAO Council, held in
November 1992, discussed the elaboration of the Code, recommending that
priority be given to high seas issues and requested that proposals for the Code be
presented to the 1993 session of the Committee on Fisheries.

6. The Twentieth Session of COFI, held in March 1993, examined general
principles for such a Code, including the elaboration of guidelines and endorsed
a timeframe for the further elaboration of the Code. It also requested FAO to
prepare, on a "fast track" basis, as part of the Code, proposals to prevent
reflagging of fishing vessels which affect conservation and management measures
on the high seas.

7. The further development of the Code of Conduct for Responsible
Fisheries was accordingly carried out in consultation and collaboration with
relevant United Nations Agencies and other international organizations including
non-governmental organizations.

8. In pursuance of the instructions of the FAO Governing Bodies, the draft
Code was formulated in such a way as to be consistent with the 1982 United
Nations Convention on the Law of the Sea, taking into account the 1992
Declaration of Cancûn, the 1992 Rio Declaration and the provisions of Agenda
21 of UNCED, the conclusions and recommendations of the 1992 FAO Technical
Consultation on High Seas Fishing, the Strategy endorsed by the 1984 FAO
World Conference on Fisheries Management and Development, and other
relevant instruments including the outcome of the then ongoing United Nations
Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks which,
in August 1995, adopted an Agreement for the Implementation of the Provisions
of the United Nations Convention on the Law of the Sea of 10 December 1982
Concerning Straddling Fish Stocks and Highly Migratory Fish Stocks.

9. The FAO Conference, at its Twenty-seventh Session in November 1993,
adopted the Agreement to Promote Compliance with International Conservationa
and Management Measures by Fishing Vessels on the High Seas and
recommended that the General Principles of the Code of Conduct for
Responsaible Fisheries be prepared on a "fast track" in order to orientate
formulation of thematic articles. Accordingly, a draft text of the General
Principles was reviewed by an informal Working Group of Government-nominated experts, which met in Rome in February 1994. A revised draft was
widely circulated to all FAO Members and Associate Members as well as
intergovernmental and non-governmental organizations. Comments received on
the second version of the General Principles were incorporated in the draft Code
together with proposals for an alternative text. This document was also the
subject of informal consultation with non-governmental organizations on the
occasion of the Fourth Session of the United Nations Conference on Straddling
Fish Stocks and Highly Migratory Fish Stocks, held in August 1994 in New York.

10. In order to facilitate consideration of the full text of the draft Code, the
Director-General proposed to the Council at its Hundred and Sixth Session inJune 1994, that a Technical Consultation on the Code of Conduct for Responsible
Fishing be organized, open to all FAO Members, interested non-members,
intergovernmental and non-govermental organizations, in order to provide an
opportunity for the widest involvement of all concerned parties at an early stage
of its elaboration.

11. This Technical Consultation took place in Rome from 26 September to 5
October 1994 and a draft for the entire Code and a first draft of technical
guidelines to support most of the Thematic Articles of the Code were presented.
Following a thorough review of all the Articles of the complete draft Code of
Conduct, an Alternative Secretariat Draft was then prepared on the basis of
comments made during the discussions in plenary and specific drafting changes
submitted in writing during the Consultation.

12. The Consultation was able to review also in detail an alternative draft for
three of the six Thematic Articles of the Code, i.e., Article 9 "Integration of
Fisheries into Coastal Area Management", Article 6 "Fisheries Management",
Article 7 "Fishing Operations", except for those principles which were likely to be
affected by the outcome of the ongoing UN Conference on Straddling Fish Stocks
and Highly Migratory Fish Stocks. A short Administrative Report was prepared
and presented to the FAO Council and to COFI.

13. The Technical Consultation proposed to the Council at its Hundred and
Seventh Session, 15-24 November 1994, that the final wording of those principles
dealing mainly with high seas issues be left in abeyance pending the outcome of
the UN Conference. The Council generally endorsed the proposed procedure,
noting that following discussions at the next session of COFI, a final draft of the
Code would be submitted to the FAO Council in June 1995 which would then
decide upon the necessity for a Technical Committee to meet in parallel to that
Session of the Council in order to elaborate further the detailed provisions of the
Code if required.

14. Based upon the substantial comments and detailed suggestions received
at the Technical Consultation, the Secretariat elaborated a revised draft of
the Code of Conduct for Responsible Fisheries, which was submitted to the
Twenty-first Session of the Committee on Fisheries, held from 10 to 15 March
1995.

15. The Committee on Fisheries was also informed that the UN Conference
was expected to conclude its work in August 1995. It was proposed that
principles left in abeyance in the draft text of the Code could then be reconciled
with the language agreed upon at the UN Conference in accordance with a
mechanism to be decided upon by the Committee and the Council, beforesubmission of the complete Code for its adoptiton at the Twenty-eighth Session
of the FAO Conference in October 1995.

16. The Committee was informed of the various steps the Secretariat had
undertaken in preparing the draft Code of Conduct. The Committee established
an open-ended Working Group in order to review the draft text of the Code.
The Working Group, which met from 10 to 14 March 1995, undertook a detailed
revision of the draft Code in continuation of the work carried out by the
Technical Consultation. It completed and approved the text of Articles 8 to 11.
In view of the time constraints, the Working Group provided directives to the
Secretariat to redraft Articles 1 to 5. It was also recommended that the elements
of research and cooperation as well as aquaculture be included in Article 5,
General Principles, to reflect issues developed in the Thematic Articles of the
Code.

17. The Committee supported the proposal endorsed by the Hundred and
Seventh Session of the Council on mechanisms to finalize the Code. The final
wording of those principles dealing mainly with issues concerning straddling fish
stocks and highly migratory fish stocks, which formed only a small part of the
Code, should be re-examined in the light of the outcome of the UN Conference.
The Group also recommended that once agreement was reached on the
substance, it would be necessary to harmonize legal, technical and idiomatic
aspects of the Code, in order to facilitate its final approval.

18. The Report of the open-ended Working Group was presented to a
Ministerial Meeting on Fisheries, held on 14 and 15 March 1995, in conjunction
with the COFI Session. The Rome Consensus on World Fisheries emanating
from this meeting urged that "Governments and international organizations take
prompt action to complete the International Code of Conduct for Responsible
Fisheries with a view to submitting the final text to the FAO Conference in
October 1995".

19. The Hundred and Eighth Session of the Council was presented with a
revised version of the Code of Conduct. The Council established an open-ended
Technical Committee, which held its First Session from 5 to 9 June 1995, with a
broad regional representation of members and observers. A number of
intergovernmental and non-governmental organizations also participated.

20. The Council was informed by the Technical Committee that it had
undertaken a thorough review of Articles 1 to 5 including the Introduction. It
had also examined, amended and approved Aticles 8 to 11. The Council was also
informed that the Committee had started the revision of Article 6.

21. The Council approved the work carried out by the Technical Committee
and endorsed its recommendation for a Second Session to be held from 25 to 29
September 1995 to complete the revision of the Code once the Secretariat had
harmonized the text linguistically and juridically, taking into account the outcome
of the UN Conference on Straddling Fish Stocks and Highly Migratory Fish
Stocks.

22. A revised version of the Code as approved by the Open-ended Technical
Committee at its First Session (5-9 June 1995) and endorsed by the One Hundred
and Eighth Session of the Council was issued, both as a Conference document (C
95/20) and as a working paper for the Second Session of the Technical
Committee. Elements pending agreement were clearly identified.

23. In order to facilitate the finalization of the entire Code, the Secretariat
prepared the document "Secretariat Proposals for Article 6, Fisheries
Management, and Article 7, Fishing Operations, of the Code of Conduct for
Responsible Fisheries", taking into account the Agreement relating to the
Conservation and Management of Straddling Fish Stocks and Highly Migratory
Fish Stocks, adopted by the UN Conference in August 1995. The Secretariat also
completed proposals for the harmonization of the text on legal and linguistic
aspects and made this available to the Committee in three languages for the
session (English, French and Spanish).

24. A Second Session of the Open-ended Technical Committee of the Council
met from 25 to 29 September 1995, with a wide representation of regions and
interested organizations. The Committee, working in a full spirit of collaboration,
successfully concluded its mandate, finalizing and endorsing all Articles and the
Code as a whole. The Technical Committee agreed that the negotiations of the
text of the Code were finalized. An Open-ended Informal Group on Language
Harmonization held an additional session and, together with the Secretariat,
completed the harmonization on the basis of the text as adopted at the closing
session. The Technical Committee instructed the Secretariat to already submit
the finalized version as a revised Conference document to the Hundred and
Ninth Session of the Council and to the Twenty-eighth Session of the Conference
for its adoption. The Council endorsed the Code of Conduct as finalized by the
Technical Committee. The Secretariat was requested to prepare the required
draft resolution for the Conference, including also a call on countries to ratify, as
a matter of urgency, the Compliance Agreement adopted at the last session of the
Conference. The Twenty-eighth Session of the Conference adopted on 31
October 1995, by consensus, the Code of Conduct for Responsible Fisheries and
the respective Resolution.

Recognizing the vital role of fisheries in world food security, and economic and social development, as well as the need to ensure the sustainability of the living aquatic resources and their environment for present and future generations,

Recalling that the Committee on Fisheries on 19 March 1991 recommended the development of the concept of responsible fishing and the possible formulation of an instrument on the matter,

Considering that the Declaration of Cancún, which emanated from the Inter-national Conference on Responsible Fisheries of May 1992, organized by the Government of Mexico in collaboration with FAO, had called for the preparation of a Code of Conduct on Responsible Fisheries.

Bearing in mind that with the entry into force of the United Nations Convention on the Law of the Sea, 1982, and the adoption of the Agreement for the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, as was anticipated in the 1992 Rio Declaration and the provisions of Agenda 21 of UNCED, there is an increased need for subregional and regional cooperation, and that significant responsibilities are placed upon FAO in accordance with its mandate,

Recalling further that the Conference in 1993 adopted the FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, and that this Agreement would constitute an integral part of the Code of Conduct,

Noting with satisfaction that FAO, in accordance with the decisions of its Governing Bodies, had organized a series of technical meetings to formulate the Code of Conduct, and that these meetings have resulted in agreement being reached on the text of the Code of Conduct for Responsible Fisheries,

Acknowledging that the Rome Consensus on World Fisheries, which emanated from the Ministerial Meeting on Fisheries of 14-15 March 1995, urged govern-ments and international organizations to respond effectively to the current fisheries situation, interalia, by completing the Code of Conduct for Responsible Fisheries and to consider adopting the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas:

1. Decides to adopt the Code of Conduct for Responsible Fisheries;

2. Calls on States, International Organizations, whether Governmental or Non-Governmental, and all those involved in fisheries to collaborate in the fulfilment and implementation of the objectives and principles contained in this Code;

3. Urges that special requirements of developing countries be taken into account in implementing the provisions of this Code;

4. Requests FAO to make provision in the Programme of Work and Budget for providing advice to developing countries in implementing this Code and for the elaboration of an Interregional Assistance Programme for external assistance aimed at supporting implementation of the Code;

5. Further requests FAO, in collaboration with members and interested relevant organizations, to elaborate, as appropriate, technical guidelines in support of the implementaiton of the Code;

6. Calls upon FAO to monitor and report on the implementation of the Code and its effects on fisheries, including action taken under other instruments and resolutions by UN organizations and, in particular, the resolutions adopted by the General Assembly to give effect to the Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks leading to the Agreement for the implementation of the provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks;

7. Urges FAO to strengthen Regional Fisheries Bodies in order to deal more effectively with fisheries conservation and management issues in support of subregional, regional and global cooperation and coordination in fisheries.

References in this Code to the United Nations Convention on the Law of the Sea, 1982, or to other international agreements do not prejudice the position of any State with respect to signature, ratification or accession to the Convention or with respect to such other agreements